Teacher to sue the state
2006-09-28
THE teacher at Paarl Girls’ High School is one step closer to being awarded damages of R683 000 after suffering injury during athletics training at the school in 2001.
Edith Strauss (29) is claiming damages from the Western Cape Education MEC after sustaining a brain injury, when a discus hit her above the left eye, leaving her concussed, with whiplash and a fractured eye socket.
In court papers Strauss said the discus circle at the school had not been enclosed with safety nets.
The principal, governing body or head of the education department should have eliminated the risk as she, as sports coach, was obliged to carry out instructions from them.
It is alleged that Strauss had a contract with the governing body to coach sport.
Strauss alleges that the principal, governing body or head of department failed to ensure that she carried out her functions in an environment without risk of injury.
Although the legal representatives of the Education Minister have denied that they can be held responsible for negligence or loss caused by the incident, Judge Deon van Zyl ruled this month that should Strauss win her case, she has the right to claim damages from the State (Minister Cameron Dugmore in his official capacity), not the Compensation Commissioner.
Van Zyl said that according to the relevant legislation the State “steps into the shoes of the school and takes over its responsibility towards any part who might have suffered loss or damage as a result of such act or omission.”
He dismissed the Education Department’s special plea with costs.
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